Suspended barrister Michael Fokkes charged over alleged kill threat

He was once highly sought after for serious criminal trials. Now a court has heard how a suspended Sydney barrister allegedly threatened to kill his elderly mum while armed with a steak knife.

A suspended barrister once highly sought after for serious criminal trials allegedly threatened to kill his elderly mother while armed with a steak knife, a court has heard.

In a stark departure from the suits he once wore to court, Michael Fokkes appeared on an audiovisual link at Burwood Local Court in a ripped, dirtied t-shirt after he was refused police bail on Friday over an alleged domestic violence incident.

Fokkes, 49, was charged with being armed with intent to commit an indictable offence, intimidation and contravening an apprehended domestic violence order at his parents’ Croydon home.

Police will allege Fokkes armed himself with a steak knife and threatened to kill his elderly mother during an argument, while he was also subject to an apprehended domestic violence order for his father’s protection.

The suspended legal practitioner was bounced between three magistrates before one could hear his bail application, with one saying she was excluded as she had previously appeared opposite him as a Crown prosecutor in trials on multiple occasions.

Michael Fokkes.

Police prosecutor Sgt Boyd strongly opposed Fokkes’ bail before Magistrate Mark Whelan, saying the safety risk to the complainants was an important consideration.

“There is a threat to kill, and the threat involved the use of a knife immediately before, going to arm himself with a knife,” Sgt Boyd said.

“The starting position is jail for the breach of an AVO – and the breach is more serious because of the accused’s profession, this is someone the court would hold to a higher standard particularly with compliance with court orders and AVOs.”

Burwood Local Court.

Legal Aid solicitor Elsa Hajar told the court Fokkes could have no contact with his parents, put up a $1000 security, and abstain from drugs and alcohol if released on bail.

“They are quite serious allegations of domestic violence,” Ms Hajar acknowledged.

“Noting his lack of criminal history, a full time custodial sentence would not be the only available punishment should he be convicted of these charges.”

Ms Hajar told the court Fokkes currently receives the Jobseeker payment from Centrelink.

The public Office of the Legal Services Commissioners register of disciplinary action indicates Fokkes’ practising certificate was suspended in May 2022, and renewal was refused in July that year.

“(The prosecution says) these are serious matters, because he is a barrister by profession and the court should be able to expect a higher standard of him complying with the AVO,” Mr Whelan said.

“The (alleged) offences were serious and include the use of a knife and a threat to kill.”

Mr Whelan said he was satisfied strict conditions could mitigate the risk of Fokkes being in the community and granted bail.

Fokkes will have to abstain from contacting his parents, consuming drugs or drinking alcohol, report to police once a week, and attend his general practitioner for a mental health care plan.

No pleas were entered and his matter was adjourned to November 28.

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